RAJU DIWALU UKETONE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application is filed challenging judgment and order dated 18.01.2007 passed by Additional Sessions Judge, Nagpur in Criminal Appeal No. 6/2005, confirming the judgment and order passed by 16th Ad hoc Assistant Sessions Judge, Nagpur in Sessions Trial No. 206/2002, dated 31.01.2005. Facts of the case are as under.

(2.) Prosecution case is that the prosecutrix PW3 aged about 17 years had gone to the field of Panjabrao for doing labour work on wages. The prosecutrix at lunch time went to nearby Well to fetch water for drinking. At that time, accused caught hold of her, took her forcibly below a Neem tree, fell her down and after removing her clothes had sexual intercourse with her. She, therefore, lodged report Exh.-10 with Police. Crime was registered at Police Station, Mouda. During investigation, accused was arrested. The accused as well as prosecutrix were medically examined. Spot Panchanama was prepared. The statement of witnesses were recorded. Thereafter, the seized articles were sent for chemical analysis. On completion of necessary investigation, charge sheet came to be filed before the learned Judicial Magistrate First Class, Ramtek against the applicant for the aforesaid offence. The case was then committed to the Court of Sessions. Charge Exh.-4 came to be framed against the accused i.e. applicant herein by learned 16th Ad hoc Assistant Sessions Judge, Nagpur for an offence punishable under Section 376 of the Indian Penal Code. The prosecution examined in all 12 witnesses in support of its case before the 16th Ad hoc Assistant Sessions Judge, Nagpur. After appreciation of the evidence on record and after appreciating the arguments, evidence on behalf of the applicant as well as prosecution, the learned Assistant Sessions Judge, Nagpur convicted the applicant and sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 3,000/-, in default to suffer rigorous imprisonment for six months.

(3.) The applicant herein filed Criminal Appeal No. 6/2005 before the Additional Sessions Judge, Nagpur. The learned Additional Sessions Judge, Nagpur by, judgment and order dated 18.01.2007 dismissed the appeal by confirming the judgment and sentence passed in Sessions Trial No. 206/2002. Hence, this revision is filed by the applicant/accused.